Wednesday, July 6, 2016

Question about the "Ability" in AOJ


Hello, I've been looking into CPL and self-defense laws recently. I came across "ability, opportunity , and jeopardy" being mentioned by some experts.As far as I understand AOJ, in order to use lethal force, you must prove the attacker's ability to cause harm, their opportunity to cause harm, and that you/loved ones/innocent others are in imminent jeopardy.The ability thing messes with me. Some places mention that the Ability must be lethal force. Other say potentially lethal force or sexual assault or whatever. I often see mentions of group disparity and size disparity; implying that the more numerous and able the attackers, the more ability they have. If large man attacks a woman with his bare hands, his own natural ability is considered enough to be lethal. If two men attack another man with their bare hands, their number advantage is their ability.My question for /r/ccw is that at what point is an attacker's ability enough to justified to defend yourself?I've never won a fistfight in my life, and I don't ever want to be forced to fight someone hand to hand, specially if I'm armed with a gun. I fear that if I was to be attacked and was unable to shoot an unarmed man who, at first glance, was physically as able to do me harm as he could do me harm, could be me down and take my gun to do harm to me or others.Also as benign fistfights are made out to be in movies, I've heard so many stories of people being killed or permanently disabled from a fistfight that turned into one man pounding another into the ground.I'll throw up a scenario.A man of relatively equal stature approaches me and confronts me (be it over a scratched car door or whatever). I try to defuse the situation, but the other man begins to shove me. I tell the man I don't want to fight and put my open palms up to defend myself, but the man puts his hands up in a boxing position and comes after me.At that point can I draw on him and present the gun? If he ignores my demand and comes at me with fists, do I have the AOJ to use lethal force?I'm REALLY sorry if this is out of the norm here at /r/ccw. I've only been following this sub for the past month or so. I really don't want to seem like someone who compensates with a gun or something, I just want to know if the law requires me to fight before shooting.I live in the State of Michigan, if that helps. Sorry if this is more of a legal thing, I wasn't sure who to ask. via /r/CCW http://ift.tt/29jpH7M

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